STAND. COM. REP. NO. 909

Honolulu, Hawaii

RE: S.B. No. 272

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

Sir:

Your Committee on Commerce, Consumer Protection, and Health, to which was referred S.B. No. 272 entitled:

"A BILL FOR AN ACT RELATING TO SOLAR ENERGY DEVICES,"

begs leave to report as follows:

The purpose and intent of this measure is to amend the definition of "solar energy device" to include building-applied photovoltaics and building-integrated photovoltaics and exclude passive solar skylights or windows, thereby specifically allowing installation of these devices on condominium common elements.

Your Committee received testimony in support of this measure from a councilmember from the Hawai‘i County Council, O‘ahu County Committee on Legislative Priorities of the Democratic Party of Hawai‘i, 350 Hawaii, Board of Directors of the Honolulu Tower Association of Apartment Owners, and two individuals.

Your Committee finds that the renewable energy field is ever-changing due to its technological nature. Accordingly, statutory law must be updated to reflect advances in technology related to renewable energy. Your Committee also finds that under existing law, it is unclear whether certain building-integrated photovoltaics, such as electricity-producing photovoltaic windows, fall under the definition of "solar energy device", and whether condominium boards are therefore restricted from installing these devices. This measure amends the definition of "solar energy device" to include building-applied photovoltaics and building-integrated photovoltaics, which will encourage the use of renewable energy and further the renewable energy initiative in Hawaii.

As affirmed by the record of votes of the members of your Committee on Commerce, Consumer Protection, and Health that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 272 and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Commerce, Consumer Protection, and Health,

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ROSALYN H. BAKER, Chair